New Delhi: Taking suo motu cognisance of a gang-rape case of 2008, the Delhi High Court has set aside a magisterial court`s decision to accept the police report to close the case against the two alleged rapists.
Justice P K Bhasin set aside the magisterial court order while dismissing the pleas of the two accused, who had moved the high court for deletion of their names from the FIR of the gangrape case after the lower court accepted the police report to close the case against them.
The two accused had also sought registration of criminal case against the alleged victim of the gang rape case for purportedly levelling false allegations of rape against them. The FIR in the case was lodged on December 24, 2008 at Mehrauli police station.
Dismissing their plea, Justice Bhasin said the magisterial court`s September 2011 decision to accept the police report was "unsustainable" and had resulted in "grave miscarriage of justice."
"After having given due consideration to the entire aspect of the matter, I am of the view that not only the petitioners cannot get any relief from this court but also consider this to be a fit case where this court should interfere with the decision of the magistrate accepting the closure report as the same is totally unsustainable and has resulted in grave miscarriage of justice. This court can do that by invoking revisional jurisdiction suo motu.
"Consequently, while declining to grant any relief claimed by the petitioners in this petition, I set aside the order of the metropolitan magistrate passed on September 30, 2011 accepting closure report of the police. Now cognisance stands taken for the offence punishable under section 376(2)(g) of IPC, which order, in fact, the magistrate ought to have passed," Justice Bhasin said.
The petitioners had contended that the police while investigating the case had found that the two accused had an alibi for the time of commission of offence and that even the girl`s neighbours had not heard her screams or any noise.
The girl had also later given affidavits saying she had levelled false charges against the two and that she is satisfied with the police probe in the matter, they had said.
Relying on the girl`s affidavits and evidence produced by the police, the magistrate had accepted the agency`s closure report.
The high court, however, observed that the magistrate had "acted in undue haste" in accepting the closure report.
The high court also pulled up the police saying it was trying to corroborate the girl`s version of the facts to "hush up the case".
In the FIR lodged by her, the girl had named the two accused as having held her arms and legs while she was being raped by a third person.
Later in her statement to a magistrate, she had said the two accused had also raped her.